White v. Richert

Filing 477

MOTION by Defendant Elizabeth K. Richert for judgment Count I, MOTION by Defendant Elizabeth K. Richert for attorney fees Costs and Other (Richert, Elizabeth)

KATHLEEN WHITE MURPHY and
THOMAS WHITE,

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Plaintiffs,
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v.
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ELIZABETH RICHERT,
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Defendant.
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________________________________ )

Case No.: 15-cv-08185
Magistrate Judge Heather K. McShain

MOTION TO ENTER JUDGMENT IN FAVOR OF DEFENDANT AND AGAINST
PLAINTIFFS FOR COUNT I, PLAINTIFFS’ FIRST AMENDED COMPLAINT, AND MOTION
FOR COSTS AND ATTORNEYS’ FEES PURSUANT TO FED. R. CIV. P. 54(D)(1), (2),
ARIZONA LAW, AND OTHERWISE, AND FOR OTHER RELIEF
Elizabeth Richert, pro se, hereby moves the Court for an award of costs and attorneys’
pursuant to Fed. R. Civ. P. 54(d)(1), (2), Arizona law, and otherwise, and for other relief, and as
grounds states as follows:
1. On August 28, 2018, the Court granted summary judgment to Defendant for Count I
of Plaintiffs’ First Amended Complaint, (Doc. # 228, Doc. # 173).
2. On May 27, 2021, the Court entered its Memorandum Opinion and Order, along with
Judgment in favor of Plaintiffs and against Defendant for Count II of Plaintiff’s First Amended
Complaint, (Doc. ## 467, 468). The Court’s (Doc. # 467) Memorandum Opinion and Order,
with multiple erroneous statements of fact, conclusions drawn therefrom, and more, was 86
pages in length. Despite the foregoing, the Court failed to enter judgment against Plaintiffs
and in favor of Defendant for Count I of Plaintiff’s First Amended Complaint.
3. Defendant’s Respondent Elizabeth K. Richert’s Answer and Affirmative Defenses to
Amended Petition for Production of Deed and Accounting, (Doc. # 196), requests the following
relief “…that this Court enter judgment in her favor and against Anna White, … dissolving the

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

the lis pendens; awarding damages for vexatious litigation; awarding damages for any bad
acts on the part of Plaintiff while holding the real estate away from Richert; awarding punitive
damages, attorneys’ fees, costs, compensation, and for whatever other relief this Court deems
appropriate,” (id., p. 6). Defendant is entitled to some if not all of the relief sought.
4. In addition, Defendant is entitled to recover her costs for defending against Plaintiff’s
Count I, Petition for Production of Deed and Accounting, under Fed. R. Civ. P. 54(d)(1).
5. Limited to Count I, Plaintiffs made a multitude of false representations in their Count I
Petition for Production of Deed and Accounting; hid behind Anna White, holding Anna White
out as plaintiff, while failing and refusing to disclose Anna White’s pre-trial condition to
Defendant and the Court, and continuing to do so until, to prevent Defendant taking Anna
White’s deposition after the Court so ordered, Plaintiffs executed a Stipulation barring
testimony from Anna White, proffered and otherwise, from these proceedings. Plaintiffs filed
multiple disingenuous and/or perjurious affidavits; suborned perjury; tampered with evidence;
made false representations to the Court; knowingly and willingly failed to admit, under oath,
that Defendant paid for the former subject property; violated the Court’s directives; violated
Court orders, and more. The foregoing conduct subjects Plaintiffs to an award of attorneys’
fees in favor of Defendant and against Plaintiffs, pursuant to the bad faith exception to the
American Rule, and otherwise.
6. Moreover, Defendant may be entitled to recover costs, attorneys’ fees, and further
relief under other applicable local, state, and/or federal rules or law.
7. Fed. R. Civ. P. provides that a claim for attorney's fees and related nontaxable
expenses must be made by motion, Fed. R. Civ. P. 54(d)(2)(A), and be filed no later than 14
days after the entry of judgment, unless a statute or a court order provides otherwise,
Fed. R. Civ. P. 54(d)(2)(B). Defendant’s Motion is timely filed.

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lis pendens; awarding title to the Buffalo Grove real estate; awarding damages resulting from

or Attorneys’ Fees and/or Other Relief, Pursuant to Fed. R. Civ. P. 54(D)(1), (2), Arizona Law,
and Otherwise, and for Further Relief however, at the time of this writing the Court has not
ruled on Defendant’s June 9, 2021 Motion.
9. Defendant has a constitutional right to defend against the Court’s multiple May 27,
2021 and May 28, 2021 Orders, and more. In so doing, Defendant has far exceeded her of
record, physical limitations due to multiple disabilities. In addition to Defendant’s request for
leave to file this Motion, Defendant’s June 9, 2021 Motion requested additional time within
which to complete other filings. At the time of this writing, Defendant is only able to estimate
her costs and attorneys’ fees for defending against Plaintiffs’ Count I, First Amended
Complaint, to be in excess of $300,000.00, pursuant to Fed. R. Civ. P. 54(d)(2)(B)(iii).
WHEREFORE, Defendant respectfully prays the Court grant her the following relief:
A. Entering an Order of Judgment against Plaintiffs and in favor of Defendant for Count
I of Plaintiffs’ First Amended Complaint, including compensatory damages pursuant to Doc. #
196, and ¶ 3, supra, costs, pre-judgment and post-judgment interest thereon;
B. Granting Defendant additional time within which to file all materials in support of her
Motion for costs and attorneys’ fees, pursuant to this, and Defendant’s June 9, 2021 Motion;
C. Granting such other and further relief as the Court deems just and proper.
Dated: June 10, 2021.
Respectfully submitted,
/s/ Elizabeth Richert
Elizabeth Richert
8724 Sunset Drive, #282
Miami, Florida 33173
[phone]
[e-mail]

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8. On June 9, 2021, Defendant filed a Motion for Leave to File a Petition for Costs and/

I hereby certify that undersigned caused a copy of the foregoing to be electronically filed
with the Clerk of the United States District Court for the Northern District of Illinois, Eastern
Division, on June 10, 2021.
/s/ Elizabeth Richert
Elizabeth Richert

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NOTICE OF FILING AND CERTIFICATE OF SERVICE